Ontario Community Newspapers

Ontario Scrapbook Hansard, 31 Jan 1879, p. 4

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all the constituensies in tae Province one, " Mr. BETHUNE said that that one mig prove the turning point. The spirit of t | law was that the representation of the P | vince should be complete, and every law would admit that such was the case. H cited au instance which bhad occurred iR|_ one of the New England Colonies, in whi the Legislature was declared by Lord Manss | _ field to be incomplete in the absence of tive | _ members who had been returued by certain | __ constituencics newly created by the Crown, | _ and whom the rest of the members had oxciud-- | _ ed. He was of opinion that the return day of | the writ meant just what it said, and that the return was complete when the writ was | -- received by the Clerk of the Crown in | _-- Chancery, HMe thought it quite right that the matter should have been aiscussed, but it was uot oue ot much practical conse-- |qncnce. because there was no machinery whereby the courts of justice could inquire a into the legality of the laws passed after | _ the 2nd Eoebruary, even if the Legislature f should be detunct at that time. 'The limi-- | tation of time was of use, becauso no one | would wish to sit there and take part in | t legislation that might afterwards be called | in question, ' I Mr. MORRI3, before addressing himself | _ to the question, referred to the temark that ' the Attorney--General had made, that when | w _ considering the question of the duration of | _ the Parliament betore the 17th of Scptcm-] ' ber, he had no idea that the elections ' would result as they had done. HMe| -- could quite believe that remark.(Hear, hear.) | __ They on that side of the House had been | _ taunted with importing Dominion politics | _ into the discussions ot the House, but if | _ the Attorncy--General desired to oxclude _ them, he should not set a bad ecxample by | _ introducing them himself, One feature of ; the question had not been referred to during . __ the discussion, viz., that the statute fixing | _ the duration ofi the Parliament was not only a Contederation law, but it was also one which had been deliberately adopted by f this Parliament,. 'The arguments of the Government led to the conclusion that the 1 duration of the Parliament was four years | . and a half, but such a conclusion, though it might be convenient to his hon,. friends + in tho Governiment, was entirely contsary ' to the legislation that had been enacted. He thougbt thg form _ adopted in the wiit was not a mistake; the is, suing _ of the _ prdclaM&VMo®s _ fSwas ~« a _ necossary consequence upon the f writs, -- 'The writ for the election in Algoma | summoned the House together on the 2nd 4 of Eebruary, and he maiutained that that | | i fact showed the Government to have occu~| _ picd a differcut position then than now, If | ° the proclamation proroguing the House had |__ not been issuecd before the ind of February |' the House would have met on that day, 3 Mr, FRASER--Would it have been com-- | _ peteut for it to proceed with the despatch oi business ? h Mr, MORRIS said it would certainly have been compstent, and according to the argu-- % meout otthe hon, member for Stortmont, it would have been a de facto Assembly, But it was scarcely for a member of the Govern-- ment to ask him what would have been the consequence of a Governmental mistake, -- Thesecond proclamalion which the Govern-- | moent bad issued upheld his contention that the Government considered at that time that the House would be complete without the representation of Algomas, His hon, friend the member tor Stormont had said that the legistation of a defunct Parliament could not be inquired into, but they had alreawmiy bad instances of Acts, prepared as caretully as the Algoma Act, being dis-- allowed, He also disagreed with him in his statement that the Courts could not | |} disallow such legislation, Such was the state of things in J:)nghmd, but the position | . was dificrent in Ontatio, 1t being almost | | six o'clock he would not detain the House auy further, \ _ 'The matter was then dropped, | RETURNS, Mr, HARDY presented several returns, |-- including those relating to railway acci. |. dents, and the annual report of the Council |-- of University College, Toronto, Mr. MOWAT movred the adjournment of th,cnl'i: 'I'I":(xae adjourned at six o'clock,

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